Brajesh Kumar @ Brajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46172 of 2021 Arising Out of PS. Case No.-288 Year-2020 Thana- BAUSI District- Purnia ====================================================== Brajesh Kumar @ Brajesh Yadav S/O Nand Kishore Yadav R/O Ward No. 4, Chakfajula, Chak Faizullah, P.S-Udakisungunj, District-Madhepura. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Praveen For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Baisi P.S. Case No. 288 of 2020 corresponding to Special Case No. 489 of 2020, registered for the offence punishable punishable under Section 272, 273 of the Indian Penal Code and section 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.
160 litres of foreign liquor has been recovered from a pick-up van and this petitioner and two others were apprehended on the spot while travelling on the said vehicle. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither owner nor driver of vehicle in question and he was simply a copassenger. Petitioner is in custody since 19.11.2020 having no
Patna High Court CR. MISC. No.46172 of 2021(2) dt.16-11-2021 2/2 criminal antecedent, as stated in para 3 of the petition. Investigation is complete.
Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Purnia in connection with Baisi P.S. Case No. 288 of 2020 corresponding to Special Case No. 489 of 2020 (Prabhat Kumar Singh, J) vinita/- U T